Massachusetts General Laws

Mass. Gen. Laws ch. 223, § 38 (2026)

Foreign corporations

✓ current as of July 2026

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Section 38. In an action against a foreign corporation, except an insurance company, which has a usual place of business in the commonwealth, or with or without such usual place of business, is engaged in or soliciting business in the commonwealth, permanently or temporarily, service may be made in accordance with the preceding section relative to service on domestic corporations in general, instead of upon the state secretary under section 15.10 of subdivision A of Part 15 of chapter 156D.

Notes of Decisions

Cited in 38 cases (1 in the last 5 years), 1921–2024 · leading case: Tatro v. Manor Care, Inc., 625 N.E.2d 549 (Mass. 1994).

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Tatro v. Manor Care, Inc., 625 N.E.2d 549 (Mass. 1994). · cites it 2× “2 Second, she *765 argued that jurisdiction existed because she had properly effected service on the defendant in accordance with the requirements of G. L. c. 223, § 38 (1992 ed.). 3 The judge rejected both contentions, and granted the defendant’s motion after treating it (based…”

Roch v. Mollica, 113 N.E.3d 820 (Mass. 2019). · cites it 2× “However, statutes conferring personal jurisdiction through implied consent and presence already existed when the Legislature enacted the long-arm statute.”

Walsh v. Nat'l Seating Co., Inc., 411 F. Supp. 564 (D. Mass. 1976). · cites it 2× “Mass.Gen.L. ch. 223 § 38 states, in relevant part: In an action against a foreign corporation, except an insurance company, which has a usual place of business in the commonwealth, or, with or without such usual place of business, is engaged in or soliciting business in the…”

LTX Corp. v. Daewoo Corp., 979 F. Supp. 51 (D. Mass. 1997). · cites it 4× “223A, § 3 (1993) or Mass. Gen. L. ch. 223, § 38 (1976). 1. The Long-Arm Statute The Massachusetts long-arm statute provides in relevant part: A court may exercise personal jurisdiction over a person, who acts directly or by an agent, as to a cause of action in law or equity…”

George F. Noonan & Ann Marie Noonan v. The Winston Co., 135 F.3d 85 (1st Cir. 1998). “(b) RJR Tobacco Plaintiffs also argue that general jurisdiction over RJR Tobacco is proper under § 3(d) and Mass. Gen. Laws ch. 223, § 38 . We will not, however, consider whether jurisdiction lies over RJR Tobacco because we do not agree with the premise that purportedly…”

In Re Lupron Mktg. & Sales Practices Litig., 245 F. Supp. 2d 280 (D. Mass. 2003). “rt judge and now Supreme Judicial Court Justice Sosman pointed out, the British parent corporation over whom she found jurisdiction could not be held liable for the acts of its subsidiaries in Massachusetts but only "for what it itself has allegedly done," that is, expressly…”

Thurman v. Chicago, Milwaukee & St. Paul Ry. Co., 254 Mass. 569 (Mass. 1926). · cites it 2× “It is provided by G. L. c. 223, § 38, that “In an action against a foreign corporation .”

Royale v. Holiday Inn Curacao N.V., 322 F. Supp. 1052 (D. Mass. 1971). · cites it 6× “G.L. c. 223, § 38; or 2) even if the Curacao corporation was not doing business in Massachusetts within the meaning of Mass.”

Merced v. JLG Indus., Inc., 170 F. Supp. 2d 65 (D. Mass. 2001). “Because jurisdiction pursuant to M.G.L. c. 223, § 38 is premised upon foreign corporations that are engaged or solicit business in the Commonwealth, the arguments set forth relative to c.”

Buckeye Assocs., Ltd. v. Fila Sports, Inc., 616 F. Supp. 1484 (D. Mass. 1985). “The defendants note in their brief that Buckeye might also seek to invoke Mass.Gen.Laws ch. 223, § 38 in an attempt to establish personal jurisdiction over the defendants.”

Tabb v. Journey Freight Internations, 584 F. Supp. 2d 334 (D. Mass. 2008). · cites it 2× “Granted, Plaintiffs also refer to Mass. Gen. L. ch. 223, § 38, which, in pertinent part, permits service of process on a foreign corporation that is “engaged in or soliciting business in the commonwealth, permanently or temporarily.”

Kagan v. United Vacuum Appliance Corp., 260 N.E.2d 208 (Mass. 1970). “” Service on foreign corporations is provided by G. L. c. 223, § 38, as appearing in St. 1939, c.”

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